Folkes v Chadd
1782 · 3 Doug KB 157
Posted By lanbuk.com
- Facts
- The harbour at Wells in Norfolk was decaying. The question was whether the decay was caused by an embankment built to protect neighbouring meadows. The party who blamed the embankment wanted to call John Smeaton, an engineer, to give his opinion on the cause.
- Issue
- May a witness give an opinion on a question of science?
- Held
- Yes. Lord Mansfield said the cause of the decay was a matter of science, and that scientific men might give their opinions upon the facts proved by the other witnesses.
- Principle
- Expert opinion is admissible on a subject outside the ordinary of the court.
- Why it matters
- It is the root of expert evidence. The expert opines on proved facts. He does not replace the tribunal.
Words and Latin in this note
- Competence
- The law's permission to give evidence. A person who does not understand the duty to tell the truth, or whom a rule excludes, is not competent. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.